The Third Degree: Chapter 25: Aftermath and Epilogue

With this post to our Local History Room weblog, we conclude our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-five

Aftermath and Epilogue

Voters finally achieve deputies’ ouster

The failure to convict Deputies Ernest L. Fleming and Charles O. Skinner of Martin Virant’s death provoked abortive attempts during the spring and fall of 1933 to oust Tazewell County Sheriff James J. Crosby and remove his entire force of deputies.

It was no surprise, then, that Crosby decided not to run for re-election in 1934. Crosby had two very good reasons not to run again: in addition to the simmering discontent over the Virant affair, Crosby’s health remained fragile following the nearly fatal heart attack he had suffered in November of 1932. To replace of Crosby, the Tazewell County Democrats put up Lawrence Lancaster, while the Republicans opted for Pekin Chief of Police Ralph C. Goar.

In 1934, voter antipathy toward the Republican Party over the Great Depression was still very strong, and the midterm elections that year would again prove to be a near total rout nationally as well as at the state and local levels. In light of those facts, it is a testament to the intensity of popular dissatisfaction with the Tazewell County Sheriff’s Department that Goar’s photograph would end up on the front page of the Nov. 7, 1934 Pekin Daily Times under the headline, “ONLY G.O.P WINNER.”

The election of Goar ensured that the county would get a sheriff who would “clean house” and replace the deputies who were seen by many as Crosby’s cronies. Evidently voters did not trust that would happen if they replaced the Democrat Crosby with another Democrat. Goar also had an added advantage with the voters: He was the law enforcement officer who had personally arrested Deputy Skinner and had provided the grand jury with important testimony against him.

Sheriff Goar did not waste any time in getting around to the housecleaning at the Sheriff’s Department – on Dec. 1, 1934, his first day in office, it was out with the old and in with the new.

“Deputy Sheriff Fleming, who is retiring,” reported that day’s Pekin Daily Times, “will move to his residence property at 614 S. Eleventh street and Sheriff-Elect Ralph Goar will move into the jail residence . . . . Goar will assume the duties of sheriff. Elmer Eiler will be the office deputy under Sheriff Goar and Earl H. Whitmore of Pekin and Arthur Puterbaugh of Mackinaw are to be the outside deputies, Mr. Whitmore being the chief deputy. Sheriff Crosby, Deputies Fleming and Skinner will remain in Pekin, but have made no announcement of their future plans . . . .”

Elliff departs, but no comeback for Dunkelberg

The failed prosecutions of Fleming and Skinner, and the unraveling of the case against Petje, also did little to endear voters to Tazewell County State’s Attorney Nathan T. Elliff, who perhaps wisely did not seek a second term in 1936. Instead, it was a race between Democratic candidate R. L. Russell, a former mayor of Pekin, and former State’s Attorney Louis P. Dunkelberg, who had been defeated by Elliff in 1932.

However, Dunkelberg again was defeated at the polls. He would not seek his old office again, but would remain in Pekin, where he was a part of the law firm of Dunkelberg and Rust, located on the second floor of the old Pekin Times building. Dunkelberg died on March 27, 1976, at age 79. He is buried in Lakeside Cemetery in Pekin.

As for Elliff, he also never again sought his former job of state’s attorney. In 1940, he joined the U.S. Department of Justice, returning to his law practice in Pekin in 1947 and becoming an active community leader. He died on Dec. 3, 1993, at age 88, and also is buried in Lakeside Cemetery.

Tazewell County State's Attorney Louis P. Dunkelberg lost his bid to regain his office in the 1936 elections. Photo by Konisek, Feb. 26, 1928, Peoria

Tazewell County State’s Attorney Louis P. Dunkelberg lost his bid to regain his office in the 1936 elections. Photo by Konisek, Feb. 26, 1928, Peoria

Poor health, heart troubles claim Black, Reardon, Allen, and Crosby

Most of the other main players in this drama died much earlier than Dunkelberg and Elliff. After successfully defending Deputies Fleming and Skinner in the Virant manslaughter trial, Jesse Black Jr.’s health failed. Following several months of illness, Black died on Oct. 11, 1935, at age 64. His fellow attorney in the Virant case, William J. Reardon, died of heart trouble on June 27, 1941, the day before his 63rd birthday. Black and Reardon are both buried in Lakeside Cemetery.

After losing his re-election bid in 1932, Tazewell County Coroner Dr. Arthur E. Allen, who investigated the Lewis Nelan and Martin Virant deaths, continued his medical practice in the Green Valley until 1946, when he moved to California. He served as house physician for the Santa Fe Railroad at Los Angeles until suffering a heart attack in March 1961 from which he never fully recovered. He died at age 82 on May 30, 1963, in West Los Angeles, and is buried in Fort Rosecrans National Cemetery in San Diego.

Not quite five years after the end of his single term as Tazewell County Sheriff, James J. Crosby at age 72 succumbed on May 23, 1939, to the heart problems that had plagued him for several years. The Pekin Daily Times published a front page obituary and tribute to Crosby, recalling his many years as a local teacher and school administrator, and respectfully passing over the controversies of his time as sheriff. He is buried in Lakeside Cemetery.

Fleming, Skinner, and Garber summoned to Highest Court

The Daily Times showed similar respect for Fleming, who died at age 81 on March 22, 1955. His obituary notes only that he was “a former Tazewell county sheriff for several terms and a baker here for many years.” He was entombed in Lakeside Mausoleum.

After Sheriff Goar dismissed him from the Sheriff’s Department, Skinner later moved back to East Peoria, where he died at age 54 on June 7, 1938. He is buried in Springdale Cemetery in Peoria. Deputy J. Hardy Garber also left the area after Goar dismissed him. He served in both the Army and Navy during World War II, settling in Des Moines, Iowa, after the war. He died on March 26, 1968, at the Veterans Administration Hospital in Iowa City, and was buried in Glendale Veterans Cemetery in Des Moines.

What of the Nelan defendants?

Of the three defendants in the Nelan case, Edward Hufeld later served in the Army during World War II, returning to East Peoria after the war. He never married, and he died at age 62 at Proctor Hospital in Peoria on March 20, 1965, being buried in Fondulac Cemetery, East Peoria. Frank Keayes Jr. moved to Pekin, dying at age 82, also at Proctor Hospital, on Dec. 26, 1982, also being buried in Fondulac Cemetery.

As for John Petje, following his acquittal on charges of murder, he remained in East Peoria and lived until age 62. On March 26, 1943, the Pekin Daily Times reported on page 2 that “Mr. Tetje (sic) was found yesterday afternoon at 2:30 o’clock hanged by a light cord fastened to a door sill in his house on S. Main Street.” The following day, the Daily Times reported that a coroner’s inquest jury ruled Petje’s death a suicide “while despondent over ill health.”

The reports of Petje’s death do not mention the Nelan case, saying only that Petje was “a prominent East Peoria citizen” without explaining what had made him “prominent.” He is buried in Parkview Cemetery in Peoria, the same cemetery where the family of Martin Virant laid him rest.

APPENDIX AND AUTHOR’S AFTERWORD

The decision to re-tell the scandalous history of the Lew Nelan and Martin Virant killings came about in the last summer or early autumn of 2012, when David Perkins of the Tazewell County Genealogical & Historical Society shared with the Pekin Public Library copies of some old Pekin and Peoria newspaper articles and funeral home records pertaining to the Nelan and Virant cases. At first it appeared that the stories could be succinctly reviewed in two or three weekly “From the Local History Room” columns in the Saturday Pekin Daily Times. As I researched these stories, however, it became clear that they needed a much fuller treatment which would call for an extended re-telling in a weekly serial format in the newspaper.

Prior to the publication of the “Third Degree” serial in the Pekin Daily Times in 2012-2013, the deaths of Nelan and Virant had been all but forgotten in Pekin. The late Robert Dubois, during his tenure as Tazewell County Coroner, once told me of the Nelan and Virant cases in a conversation with me around 2003. Dubois, who had read the inquest file on Virant’s death, explained at some length how the evidence and observations at the death scene made obvious that Virant was already dead before he was hanged. Though I found the facts Dubois recounted to be remarkable, I did not commit these details to memory (not even the victims’ names) and soon forgot our conversation, and only remembered that he had talked about it while I was in the process of researching their deaths for the Pekin Public Library’s weekly “From the Local History Room” column.

I doubt very many others in our day besides men such as Coroner Dubois or those with an interest in local history knew of Nelan and Virant and the controversies surrounding their deaths, which were probably all but forgotten in Pekin and Tazewell County prior to 2012. Although the saga frequently was front-page news in 1932-1933, the long and sorrowful story was reduced to a single paragraph on page 69 of the 1949 Pekin Centenary, which included a historical narrative that was mainly researched and written by retired Peoria Journal Star editor Charles Dancey:

“The discovery of the body of Martin Virant, a material witness, in the Tazewell county jail caused a storm which lasted for months. After the inquest there was a near lynching of accused deputies, who were later tried on manslaughter charges that Virant died under the ‘third degree’. Even after their acquittal, there was an effort to impeach the entire sheriff’s office on the part of the Tazewell county board of supervisors.”

That somewhat inaccurate paragraph would later appear in almost identical form in the historical narrative of the 1974 Pekin Sesquicentennial volume, on page 173:

“After a material witness named Martin Virant was found dead in his cell at the Tazewell County Jail, there was a storm of public outrage which nearly resulted in the lynching of some accused deputy sheriffs. (They were subsequently tried for manslaughter on charges that Virant died under the ‘third degree.’) There was an effort to impeach the entire Sheriff’s office by the County Board.”

As we have seen, the few lines in the Centenary and Sesquicentennial volumes omit several important details and really only begin to hint at that “storm which lasted for months.”

#arthur-puterbaugh, #charles-dancey, #charles-skinner, #coroner-arthur-e-allen, #earl-h-whitmore, #edward-hufeld, #elmer-eiler, #ernest-fleming, #frank-keayes, #hardy-garber, #jesse-black, #john-petje, #lawrence-lancaster, #lew-nelan, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #r-l-russell, #ralph-goar, #robert-dubois, #sheriff-james-j-crosby, #the-third-degree, #william-reardon

The Third Degree: Chapter 23: The Nelan murder case finally goes to trial

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Twenty-three

The Nelan murder case finally goes to trial

In the autumn of 1933, more than a year after the gruesome death of Lewis P. Nelan of East Peoria, Tazewell County State’s Attorney Nathan T. Elliff took action to bring Nelan’s killers to trial.

Nelan had gotten into a drunken brawl with East Peoria speakeasy operator John Petje, who struck Nelan on the head with a metal pipe and knocked him unconscious. Believing that Nelan was dead, Petje and his accomplices Frank Keayes Jr. and Edward Hufeld tried to cover up what had happened by carrying Nelan to the nearby railroad tracks so he would be run over.

Nelan’s death on Aug. 28, 1932, had been overshadowed by the far more scandalous and sensational death of Nelan’s acquaintance Martin Virant, who had been brought in for questioning as a potential witness to Nelan’s death and then savagely beaten while in custody at the Tazewell County Jail.

The furor over Virant’s death and the attempt to prosecute three of the deputies believed responsible was the focus of attention throughout the fall of 1932 and the winter and spring of 1932-33. After the deputies were acquitted on March 5, 1932, groups of Tazewell County citizens made attempts to oust Sheriff James J. Crosby and his deputies, but by September it was evident that the only recourse for outraged citizens was to wait until the end of Crosby’s term in office in 1934.

With the Virant controversy subsiding, Nelan’s murder returned to center stage – and also returned to the pages of the Pekin Daily Times. On Oct. 10, 1933, the Daily Times published a summary of upcoming cases on the jury calendar, noting that, “The most important case on the calendar is that of Petji (sic), Keayes and Hufeldt (sic), charged with the murder of Lewis Nelan of East Peoria. State’s Attorney Elliff says he will make an effort to have this case come to trial, but it may go over to a later term.”

The trial once more was delayed, this time until the December jury calendar. On Dec. 2, the Daily Times reported that the Nelan case was the first on the calendar, and on Monday, Dec. 4, the newspaper ran a front page story headlined, “Trial of Lewis Nelan Murder Case Starts Tuesday Morning.”

That story reported on a very important development in the case: Elliff had decided to drop all charges against Keayes and Hufeld.

The Times reported, “When the case of John Petje, Frank Keayes and Edward Hufelt (sic) . . . was called in the circuit court this morning, P. A. D’Arcy, counsel for Keayes and Hufelt, withdrew from the case. He had been appointed by the court to defend Keayes and Hufelt. Following the withdrawal of Attorney D’Arcy, Attorney J. P. St. Cerny, counsel for Petje, moved the court to grant a continuance.”

Rather than accept yet another continuance in this case that had already been delayed a year and three months, Elliff moved to have the case against Keayes and Hufeld dismissed. Judge Joseph E. Daily granted the motion and then set the trial for the following day.

Though he had avoided further delay in the case, Elliff’s decision was likely to make the task of prosecuting Petje much more difficult. As the Times explained, the state was “in possession of alleged confessions by Keayes and Hufelt (sic), but these cannot be introduced as evidence against Petje, it is claimed, because he was not present when they were made.”

Jury selection got under way at 10 a.m. on Tuesday, Dec. 5, but the process was unusually slow-going. Only four jurors were approved that day: Harold Ruth, Tremont, laborer; P. A. Barnes, Hopedale, garage proprietor; Carl Ary, Green Valley, truck driver; Irvan Kunkel, Pekin, mechanic.

The next day seven jurors were accepted: H.R. Clayton, Cincinnati Township, laborer; R. D. VanNattan, Pekin, laborer; Clark Braden, Morton, machinist; Orin Aupperle, Morton, farmer; Albert Herman, Tremont, merchant; and David Hasty, Mackinaw, painter.

The 12th and final juror was finally approved around 10 a.m. on Thursday, Dec. 7 – Edward Erxleben, Pekin, unemployed. Elliff and St. Cerny then made their opening statements, and the state began to call its witnesses at 11:30 a.m.

The first witness was Hubert G. Brown, special agent for the C. & I. M. railroad, who had assisted with the investigation of Nelan’s deaths. It was Brown who had found Nelan’s hat near a rear door of Petje’s speakeasy very soon after Nelan’s body was run over on the P. & P. U. railroad tracks in East Peoria.

However, Brown’s memory was much the worse after the 15-month delay since Nelan’s death, and when Petje’s attorney, James P. St. Cerny, showed him the hat, Brown said he couldn’t be sure it was the one he’d found. Similarly, Mary Peckenpaugh, who had identified the hat as Nelan’s during the initial investigation, told the court she wasn’t positive the hat shown in court was Nelan’s.

Tazewell County Coroner Arthur E. Allen, shown in this 1928 photograph, was a key figure in the investigations and criminal prosecutions pertaining to the 1932 deaths of Lewis P. Nelan and Martin Virant. Photo by Konisek, Feb. 26, 1928, Peoria

Tazewell County Coroner Arthur E. Allen, shown in this 1928 photograph, was a key figure in the investigations and criminal prosecutions pertaining to the 1932 deaths of Lewis P. Nelan and Martin Virant. Photo by Konisek, Feb. 26, 1928, Peoria

The state next called Dr. L. F. Teter, who had conducted the autopsy on Nelan’s body, and former Tazewell County Coroner Dr. A. E. Allen, who had headed the death investigation. Teter and Allen testified that the injuries to Nelan’s head were not caused by the train that ran over him, but had been caused by a blunt instrument. The blow to his head was not enough to cause death, they also testified.

Several other witnesses were called to the stand that day, including Tazewell County Sheriff’s Deputy Charles O. Skinner, one of the deputies who had been acquitted of manslaughter charges in connection with the “third degree” torture death of Martin Virant. Skinner told the jurors of his part in the investigation of Nelan’s death that had led to the arrests and indictment of Petje, Keayes and Hufeld.

Court was dismissed at 4:15 p.m., and the trial recessed until Friday morning.

Next week: A sudden ending to Petje’s trial.

#charles-skinner, #coroner-arthur-e-allen, #edward-hufeld, #frank-keayes, #hubert-brown, #j-p-st-cerny, #john-petje, #judge-joseph-e-daily, #l-f-teter, #lew-nelan, #martin-virant, #mary-peckenpaugh, #nathan-t-elliff, #p-a-darcy, #the-third-degree

The Third Degree: Chapter 19: The deputies’ defense team rests its case

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Nineteen

The deputies’ defense team rests its case

During the two weeks of the manslaughter trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner in late February and early March 1933, the prosecution and the defense presented the jury with their explanations of how Tazewell County jail inmate Martin Virant had ended up dead and hanging in his cell on Sept. 1, 1932.

The state contended that because Virant denied any involvement in the murder of Lewis Nelan, the deputies administered a so-called “third degree” interrogation of Virant, beating and torturing him to extract useful information or a confession. The prosecutors said Virant succumbed to his injuries, and the deputies, finding Virant dead, arranged the death scene to make it appear that he had committed suicide by hanging.

But the defense insinuated that Virant had in fact participated in Nelan’s murder, and, overcome by guilt, he hanged himself in his cell.

One of the witnesses for the defense, jail inmate Joe Hensley, even claimed to have heard Virant say, “Poor John, he did I did too.” Those words, according to the defense, amounted to a confession that he had helped John Petje murder Nelan.

To establish their alternate scenario, the defense had to explain the compelling evidence that Virant had been horrifically beaten and that he had already died prior to being hanged. To overcome that evidence, the defense called three medical experts, who cast doubt upon the death investigation and the findings of the state’s experts.

The defense’s experts offered no explanation for the testimony of former Tazewell County Coroner Dr. Arthur E. Allen, who said Virant’s body showed none of the usual signs of a hanging death. To deal with Dr. Allen’s testimony, the defense attorneys endeavored to impeach his credibility by insinuating that Allen was involved in a personal political vendetta against Fleming and Skinner.

Allen, a Republican, had recently lost his re-election bid to the Democrat’s candidate Dr. Nelson A. Wright Jr., and Fleming and Skinner had quietly encouraged people to vote for Wright. Fleming and Skinner, both Democrats, also had campaigned against Allen four years earlier. During cross-examination of Allen, defense attorney Jesse Black Jr. suggested that Allen harbored resentment against Fleming and Skinner.

In effect, Black insinuated that Allen had framed Fleming and Skinner, with the implication that Allen had lied about Virant’s body not showing the usual signs of a hanging death, and also had lied about easing Virant’s body to the floor when he had really, so Black and several defense witnesses claimed, allowed the body to crash to the floor.

Also called to testify at the trial was former Tazewell County State’s Attorney Louis P. Dunkelberg, who according to the defense’s scenario would have been Allen’s co-conspirator in the framing of Fleming and Skinner. The four deputies who testified for the defense claimed Dunkelberg had seen Virant briefly during part of the time he was interrogated by the deputies.

However, when the state called Dunkelberg to the stand and asked him to describe Virant’s appearance, the defense objected and Judge Williams upheld their objection, so Dunkelberg was not allowed to say if Virant had any injuries on him when he saw him.

Notably, one person central to the drama of Virant’s death was never called as a witness in this trial: Tazewell County Sheriff James J. Crosby. Neither the prosecution nor the defense summoned him to testify, because Crosby was still convalescing from the severe heart attack he’d suffered on Nov. 5, 1932.

As indicated in this excerpt from a March 2, 1933 Pekin Daily Times report, the credibility of the prosecution's key witness Elizabeth Spearman of Peoria was thrown into doubt by the defense in the manslaughter trial of Tazewell County Sheriff's deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant.

As indicated in this excerpt from a March 2, 1933 Pekin Daily Times report, the credibility of the prosecution’s key witness Elizabeth Spearman of Peoria was thrown into doubt by the defense in the manslaughter trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant.

To put the finishing touches on its case, the defense called a series of character witnesses, who testified that Deputies Fleming and Skinner were men of character and virtue who would be very unlikely to commit acts of violence.

The defense also called another series of character witnesses to undermine the credibility of jail inmate Elizabeth Spearman, whose testimony for the prosecution had strongly implied that Fleming and Skinner had beaten Virant. The testimony of these character witnesses was very helpful to the defense – and the defense lawyers also made a great deal of Spearman’s error that Fleming and Skinner, rather than Skinner and Hardy Garber, had taken Virant to the Nelan inquest.

The defense’s attack on Spearman was so effective that in the end, when the defense rested on Thursday, March 2, 1933, the defense attorneys made a motion to have the whole of Spearman’s testimony quashed and stricken from the record.

Next week: ‘We, the jury, find the defendants . . .’

#charles-skinner, #coroner-arthur-e-allen, #elizabeth-spearman, #ernest-fleming, #jesse-black, #joe-hensley, #john-petje, #judge-guy-williams, #lew-nelan, #louis-dunkelberg, #martin-virant, #nelson-a-wright, #sheriff-james-j-crosby, #the-third-degree

The Third Degree: Chapter 18: The defense pleads its case

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Eighteen

The defense pleads its case

At the end of a long succession of witnesses and physical evidence, the prosecution rested its case on Feb. 26, 1933, in the trial of Tazewell County Sheriff’s deputies Ernest Fleming and Charles Skinner, who were accused of causing the death of Tazewell County Jail inmate Martin Virant by severely beating him during a so-called “third degree” interrogation.

The following day, the defense attorneys Jesse Black Jr. and William J. Reardon began to call their own lengthy list of witnesses and experts, who would help the defense build its case that the deputies never did any violence to Virant, nor did they hang his dead body – rather, the defense contended, Virant had committed suicide. Heading the witness list was J. Hardy Garber, a deputy who helped Skinner bring Virant to and from the Lew Nelan murder inquest.

Garber and the three other deputies involved in this case – Fleming and Skinner, who both took the stand in their own defense, and Frank Lee, originally indicted by the Tazewell County grand jury but whose charges were dropped just before the trial began in Menard County – offered very important testimony.

Presenting a united front, they resolutely denied that anyone had done more than raise his voice at Virant while he was in the custody of the Tazewell County Sheriff’s Department. The four deputies agreed that there had been absolutely no beating or kicking or any kind of rough handling.

The four deputies did state, however, that they noticed Virant had some cuts and bruises about his head and neck when he was first brought to the jail. They denied knowing how Virant had gotten those injuries.

The deputies also agreed that Virant became very frightened and upset, and refused to let them take his fingerprints, after Lee brought in a package containing two metal pipes and unrolled it in Virant’s presence.

Skinner and Fleming also supplied a very important element of the defense’s alternate scenario of Virant’s injuries and death. Flatly contradicting former Coroner A. E. Allen’s testimony that he had eased Virant’s body to the cell floor when he cut his body down, Skinner and Fleming claimed Allen had irresponsibly and unprofessionally let Virant’s body crash to the floor. Virant’s body had even slammed against the toilet as it fell, the accused deputies insisted.

Relying on their medical experts, the defense argued that most of Virant’s bruises and injuries, including his broken rib, were caused when Allen cut his body down and let it crash to the floor. Also backing up this claim were three jail inmates, Charles Cameron, 62, formerly of Delavan, Joe Hensley, and Thomas Davis.

Cameron, a jail trustee, told the jurors, “I saw Allen cut the strap and saw Virant fall on the toilet bowl. He came down awful hard . . . He was dropped. Mr. Allen didn’t touch him. . . . It jarred the whole floor of the cell.” Cameron even claimed that Allen jumped out of the way so Virant’s body would hit the toilet as it fell.

Hensley, another jail trustee, corroborated some of Cameron’s testimony, claiming, “I heard the sound when he was cut down. It came down hard. . . . I heard a loud thump on the iron floor – loud enough to be heard outside of the jail.”

In cross-examination, however, Elliff showed that Cameron’s testimony differed significantly from what he had previously told the Tazewell County grand jury and disagreed with a statement he had made to former Tazewell County State’s Attorney Louis P. Dunkelberg on Sept. 9, 1932.

Cameron responded to Elliff’s questions by disavowing most of his prior statement, and in particular he denied speaking to fellow inmate Elizabeth Spearman. Cameron’s original statements had corroborated key elements of Spearman’s testimony, which supported the state’s case that Fleming and Skinner had beaten Virant.

Some of Hensley’s testimony was especially helpful to the defense’s contention that Virant had committed suicide. Hensley claimed that during Virant’s first night in the jail, Tuesday, Aug. 30, 1932, “I heard the bunk chains rattling and then like someone came off the bunk onto the floor. That was after 2 o’clock. Then I heard moaning and groaning. . . . I heard him saying, ‘Poor John, he did I did too.’”

The words Hensley claimed to have heard Virant say, according to the defense, amounted to a confession that he had helped John Petje murder Lew Nelan. A sense of guilt over his role in Nelan’s death was the reason he committed suicide, the defense attorneys claimed.

Davis also testified that he heard noises from Virant’s cell three times that night as of someone jumping off the bunk, including at 2 a.m. and 3 a.m. In addition, Davis claimed to have heard the same kind of noise sometime after 1 p.m. on Thursday, Sept. 1, and to have heard Virant making a noise.

The defense argued that the noises Hensley and Davis said they heard Tuesday night were not the groans of a man who had been severely beaten, but were the sounds of Virant attempting to hang himself using some strings and threads that investigators found in his cell after his death.

The defense attorneys suggested that some of Virant’s injuries may have been caused during this purported first suicide attempt, but they did not try to explain why Virant would have opted first for strings that were unlikely to support his own weight and only two days later decide to use his own belt.

The defense also claimed that Davis had heard the sounds of Virant killing himself on Thursday, Sept. 1.

Or were they the sounds of deputies faking Virant’s suicide?

Next week: The defense rests.

In the sensational case of the &quotthird degree" death of Tazewell County Jail inmate Martin Virant, prosecutors contended that Virant succumbed to severe injuries he'd suffered at the hands of Sheriff's deputies, who then staged a hanging even though he obviously had died before his body was hanged. But defense attorneys, relying on testimony such as that found in this detail from a March 1, 1933 Pekin Daily Times report, countered by insinuating that Virant helped John Petje murder Lew Nelan and then, wracked by guilt, hanged himself in his jail cell. The defense argued that Virant's severe injuries were inflicted by Tazewell County Coroner Arthur E. Allen, whom the defense claimed was incompetent and careless.

In the sensational case of the “third degree” death of Tazewell County Jail inmate Martin Virant, prosecutors contended that Virant succumbed to severe injuries he’d suffered at the hands of Sheriff’s deputies, who then staged a hanging even though he obviously had died before his body was hanged. But defense attorneys, relying on testimony such as that found in this detail from a March 1, 1933 Pekin Daily Times report, countered by insinuating that Virant helped John Petje murder Lew Nelan and then, wracked by guilt, hanged himself in his jail cell. The defense argued that Virant’s severe injuries were inflicted by Tazewell County Coroner Arthur E. Allen, whom the defense claimed was incompetent and careless.

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#charles-cameron, #charles-skinner, #coroner-arthur-e-allen, #elizabeth-spearman, #ernest-fleming, #frank-lee, #hardy-garber, #jesse-black, #joe-hensley, #lew-nelan, #louis-dunkelberg, #martin-virant, #nathan-t-elliff, #the-third-degree, #thomas-davis, #william-reardon

The Third Degree: Chapter 17: Clash of the medical experts

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Seventeen

Clash of the medical experts

Key to the prosecution of Tazewell County Sheriff’s Deputies Ernest Fleming and Charles Skinner for the beating death of jail inmate Martin Virant was the testimony of several medical experts, chief of whom were former Tazewell County Coroner Dr. Arthur E. Allen and Chicago criminologist Dr. William D. McNally.

During the trial of Fleming and Skinner in late February 1933, Allen and McNally gave hours of testimony in order to establish for the jury that after Virant died, his body exhibited extensive internal and external injuries – more than 30 different injuries, including a broken rib, Allen testified – that obviously were not the result of a hanging, and that Virant in fact had died of those injuries before he was hanged.

Other prosecution witnesses had testified that Virant had no visible injuries when he first was brought to the Tazewell County Jail, but the following day, at the inquest of murder victim Lew Nelan, Virant was seen to have several bruises and wounds about his head and neck. Allen corroborated their testimony, describing the injuries that he saw at the Nelan inquest, and telling the jury that Virant was “nervous and excited” and “in pain and distress,” and that he spoke in a voice that “was quite loud.”

On Thursday afternoon, Sept. 1, 1932, around 2:15 p.m., Allen entered Virant’s cell and saw his body hanging in the northeast corner of the cell. Virant’s feet were flat on the floor. Fleming was there, but neither he nor any other member of the jail staff had attempted to cut Virant down. Allen then did so.

“I took my pocket knife in my right hand and slipped my hand around his waist to ease the body to the floor,” Allen said. Virant was a short man and of slight build, and his body did not strike any object as Allen eased it to the floor. Virant had no pulse, but Allen began artificial respiration. “I knew I could get no response but I thought there might be some life left.”

“The body was warm and I heard Deputy Sheriff Fleming say, ‘He couldn’t have been hanging very long.’”

Most troubling, Virant’s body showed none of the usual signs of a hanging death. “Dr. Allen told that he had occasion to observe the body of the deceased closely while performing artificial respiration and that the face had the natural death pallor. The face showed evidence of there being no circulation. He said that the tongue was not swollen neither was there a collection of fluid in the man’s mouth,” the Daily Times reported. “The eyes were not protruding but were partly closed,” Allen testified.

If Virant had died of hanging, Allen said, his body should have had a dark discoloration of the face from the neck up to the face and scalp, a dark discoloration of the lips and tongue, and a swollen and protruding tongue. There could be no doubt, then, that Virant had been hanged after he had lost all blood circulation to his head.

Pekin physicians L. F. Teter and L. R. Clary, who conducted two autopsies on Virant’s body at Allen’s direction, also provided testimony that showed Virant was dead before he was hanged. In particular, they found that Virant had suffered a brain injury due to a concussion. McNally also reiterated his findings at great length, assuring the jury that Virant could not have died of hanging, but rather had died as the result of a vicious beating.

The defense attorneys labored valiantly to rebut the state’s expert testimony, and hostility was at times evident between Allen and Pekin attorney Jesse Black as he persisted in his vain attempts to trip Allen up.

The defense also countered the prosecution’s expert testimony with medical experts of its own, Dr. C. G. Farnum of Peoria, Dr. T. M. Scott of Peterburg, and Dr. R. B. H. Gradwohl of St. Louis, who sharply contradicted key points of the conclusions of Allen, Teter, Clary and McNally.

In particular, Gradwohl, a coroner who had investigated numerous suicidal hangings and had even personally conducted six legal hangings, bluntly rejected the results of McNally’s investigation as “faulty observation.”

According to the state’s witnesses and experts, Virant had been brutally beaten while in custody at the jail, and finally had succumbed to a kind of “shock” resulting from the severity of his wounds.

But, in his testimony on March 1, 1933, Farnum said that Virant could not have been in “shock,” because the autopsy results as well as witnesses at the jail had established that Virant had eaten a meal within an hour of his death. Virant also allegedly attempted to flee when he was taken from the jail to the Nelan inquest. A man suffering from shock could not have done either of those things.

On that point, Farnum was correct. Virant did not die of shock. Based on the autopsies and the known circumstances of Virant’s death, more likely the immediate cause of his death was the brain injury he suffered when the deputies tortured him.

Farnum and Gradwohl also told the jury that embalming alters a dead body in ways that could affect an autopsy’s findings. This was potentially important, because both of the autopsies conducted by Teter and Clary, as well as McNally’s examinations, took place after Virant had been embalmed. Farnum implied that even the apparent evidence of Virant’s concussion and bleeding in his brain could have been caused by the embalming.

Finally, Farnum and Gradwohl contradicted the conclusion of the state’s experts that Virant’s bruises had been inflicted prior to his death. They explained that if a body is injured just before death or very soon after death (but before blood circulation has been lost), bruising can result. This would form an important part of the defense’s alternate scenario of how Virant died and why his body appeared to have been horrifically beaten.

However, none of the defense’s experts attempted to counter the evidence that Virant showed none of the usual signs of a hanging death. The defense attorneys would attempt to destroy the credibility of that evidence through other means.

Next week: The defense pleads its case.

Defense attorneys in the Martin Virant jail death trial in Feb.-March 1933 called upon several medical experts who disputed the verdict of the coroner's inquest jury and the prosecutions experts who said Virant was dead before he was hanged.

Defense attorneys in the Martin Virant jail death trial in Feb.-March 1933 called upon several medical experts who disputed the verdict of the coroner’s inquest jury and the prosecutions experts who said Virant was dead before he was hanged.

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The Third Degree: Chapter 16: The courtroom theatrics of Attorney Black

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Sixteen

The courtroom theatrics of Attorney Black

Three days into the manslaughter trial of Tazewell County Sheriff’s Deputies Ernest Fleming and Charles Skinner, who were accused of causing the Sept. 1, 1932 death of jail inmate Martin Virant, prosecutors had made great progress in laying out their case.

Ample witness testimony had established that Virant was uninjured when he first came to the jail on Aug. 30, but somehow had acquired several noticeable injuries about the head and neck by the time he was brought to the Lew Nelan murder inquest on Aug. 31. Testimony from jail inmate Elizabeth Spearman of Peoria also strongly suggested that Virant’s injuries had been caused by Skinner and Fleming.

In response, during cross examination the deputies’ attorneys, Jesse Black Jr. and William J. Reardon, diligently attempted to discredit or throw doubt upon the testimony of the state’s witnesses. Black and Reardon were both retired Tazewell County judges, and their great legal skill and extensive courtroom experience were prominently displayed during this trial.

Black’s style and personality often broke up the trial’s tedium and monotony, though it wasn’t always clear whether his approach was helping or harming the defense. At times Black’s enthusiasm could get the better of him, and Judge Guy Williams would have to admonish him for being too aggressive or too hostile in his cross examination.

Black also reveled in the use of his own body, or the body of co-attorney Reardon, as if they were exhibits for the defense.

One of those times came on Feb. 23, 1933, during Black’s cross examination of Edward Jackson, embalmer at Kuecks Funeral Home, who was present at the Lew Nelan inquest and saw that Virant was hurt.

“I noticed that his right ear was black and his neck down to his shirt collar was black and what I took to be blood on his shirt collar,” Jackson said, also noting “a black spot that looked like coagulated blood under the skin or a bruise on the back of his neck.”

Also, after Virant died, Jackson took his body from the jail to back to Kuecks. Jackson saw that Virant had two black eyes, the right ear was black, the neck was black, and he had about six large bruises in the middle of his back and on the shoulder blade.

As he questioned Jackson, Black asked him to explain how he embalmed Virant’s body. Black took off his jacket so Jackson could “demonstrate” embalming on his own body, but the demonstration didn’t get very far before Judge Williams upheld the state’s objection that Black’s line of questioning was irrelevant.

Probably the liveliest – and no doubt the most (unintentionally) humorous – moment of the trial came on Feb. 24, during Black’s cross examination of former Tazewell County Coroner Dr. Arthur E. Allen.

An absolutely crucial element of the defense’s strategy was to cast as much doubt as possible upon the findings of investigators that Virant was already dead prior to being hanged, and to try to undermine the credibility of the prosecution’s expert witnesses. Black had already attacked Allen’s honesty and impartiality in the press, so there probably was no love lost between the two men as they faced off against each other during an occasionally testy or even heated cross examination at the Menard County Courthouse.

So it was that the Pekin Daily Times headlined its story of Black’s confrontation of Allen, “BLACK SQUIRMS WITH NECK IN STRAP,” giving it the subheadline, “Ex-Coroner And Ex-Judge Furnish Court Example of Hanging; Ends In Laughter.”

An unintentionally humorous episode in the Martin Virant jail hanging trial was featured on the front page of the Pekin Daily Times on Feb. 24, 1933.

An unintentionally humorous episode in the Martin Virant jail hanging trial was featured on the front page of the Pekin Daily Times on Feb. 24, 1933.

Daily Times staff writer Mildred Beardsley reported, “Attorney Jesse Black’s penchant for acting things out in court nearly resulted today in giving the jury first hand information about how a hanging man looks . . .

“Facing each other were Ex-Coroner A. E. Allen, the witness, and Ex-Judge Jesse Black, defense lawyer who was cross examining the witness. They had been glaring at each other all day, the examination of Allen having taken practically all day long.

“Attorney Black, who is about to wear his coat out taking it off and having different imaginary operations performed upon his body, had asked Dr. Allen to take the ‘death belt’ and ‘show the jury on my wrist how it was tied.’

“State’s attorneys promptly objected that a wrist and neck were far different and Judge Williams ruled that if Black wanted the demonstration it would have to be on his neck.

“Dr. Allen was only too glad to put a strap about Black’s neck and did so.

“‘Tighten it up a little,’ said Black, or words to that effect.

“The next thing the crowd knew, the Pekin attorney was gasping for breath.” (Elsewhere, Beardsley reported that Black protested, “I don’t want you to pull so much.”)

“A few moments more and the jury could have seen first hand the blackened face, the protruding tongue, and the frothing mouth of a hanged man – which is the whole point in dispute in this trial.

“The next time Attorney Black decided to take his coat off, he hesitated, glanced at Judge Williams, changed his mind and left his coat on.”

Next week: Clash of the medical experts.

#charles-skinner, #coroner-arthur-e-allen, #edward-jackson, #elizabeth-spearman, #ernest-fleming, #jesse-black, #judge-guy-williams, #lew-nelan, #martin-virant, #mildred-beardsley, #the-third-degree, #william-reardon

The Third Degree: Chapter 15: The prosecution painstakingly lays out the case

With this post to our Local History Room weblog, we continue our series on a pair of sensational deaths that occurred in Pekin, Illinois, during the Prohibition Era. The Local History Room columns in this series, entitled “The Third Degree,” originally ran in the Saturday Pekin Daily Times from Sept. 15, 2012, to March 2, 2013.

THE THIRD DEGREE

By Jared Olar
Library assistant

Chapter Fifteen

The prosecution painstakingly lays out the case

On Feb. 21, 1933, the first day of the Martin Virant manslaughter trial in Petersburg, Ill., prosecutors began to build their case that Virant, an inmate at the Tazewell County Jail in Pekin, had been brutally beaten by Sheriff’s Deputies Ernest L. Fleming and Charles O. Skinner.

Virant, a potential witness in the Lew Nelan murder case, was found hanging in his cell on Sept. 1, 1932, but investigators and a coroner’s inquest jury found that he was already dead when he was hanged, and that the hanging had been staged to try to cover up the true cause of death.

Many of the same people who testified at the Virant inquest on Sept. 14, 1932, also testified during the manslaughter trial. For example, the first witness for the prosecution was Frank Franko of Peoria, Virant’s brother-in-law, who repeated for the jury what he had previously testified at the inquest.

Next, the jurors heard testimony from Tazewell County Jail inmate Elizabeth Spearman of Peoria, who provided crucial testimony on behalf of the prosecution regarding Virant’s treatment and statements he made, as well as the injuries he suffered while in the custody of the county’s deputies.

Spearman’s testimony was vital to the state’s case, because, on account of Virant being dead, Judge Guy Williams had excluded as inadmissible hearsay the entirety of Virant’s testimony at the Lew Nelan inquest, when a noticeably injured Virant boldly accused Skinner and other deputies of nearly beating him to death.

After Spearman’s testimony, the state called Peoria attorney Vic Michael, legal counsel for the Virant family who was representing them in a wrongful death lawsuit against Tazewell County Sheriff James J. Crosby. On Sept. 1, Michael had accompanied Virant’s sister and Frank Franko to Pekin to get Virant released from jail.

According to the Pekin Daily Times, “Michael related that he had gone to the sheriff’s office in the courthouse and talked to Deputies Skinner and Fleming. Finally Skinner said, ‘Oh, go get the —– out.’ Skinner started to walk across the yard with Attorney Michael and his party following. Then, related Michael: ‘All of a sudden I saw a newspaper man named Watson of the Pekin paper go by on the right. He ran up the jail steps into the jail. I decided something must be up and I followed. The door was shut, but a lady let me in. Dr. Allen was just pronouncing Virant dead after trying to revive him with artificial respiration.’ Michael related that Virant’s right ear was swollen and he had bruises on the back of his head and a hole in the head was bleeding.”

Like Michael, several other witnesses provided testimony establishing that Virant had no visible injuries when he was first brought to the jail on Aug. 30, 1932, and describing Virant’s injuries that they saw at the Nelan inquest or on his dead body. Among those witnesses was Pekin attorney James St. Cerny, who was called to the stand after Michael and who testified that Virant had no visible injuries when he was booked into the jail.

Similarly, in testimony on the second day of the trial, Feb. 22, 1933, Edward Tucker, East Peoria city clerk, George Reichelderfer, superintendent of East Peoria water works, and Charles Schmidt, East Peoria justice of the peace, all said that Virant had no visible injuries when they saw him with Deputy Skinner in East Peoria on Aug. 30. Frank Virant, however, saw his brother’s body at the undertakers on the day of his death, and noticed “a black spot on his left ear that extended down to his jaw,” which obviously could not have resulted from a hanging.

The next to testify was George Genseal, who, like Virant, had been brought to the jail as a suspect in the Nelan murder case, but subsequently was released. He reiterated what he had said at Virant’s inquest, substantiating key points of Spearman’s testimony. After Genseal, Edward Hufeld, one of the defendants in the Nelan case, was called to the stand.

The detail from a page of the Feb. 22, 1933 edition of the Pekin Daily Times shows a portion of the testimony of Edward Hufeld, who was called as a prosecution witness in the manslaughter trial of two Tazewell County Sheriff's deputies accused of beating and torturing jail inmate Martin Virant to death.

The detail from a page of the Feb. 22, 1933 edition of the Pekin Daily Times shows a portion of the testimony of Edward Hufeld, who was called as a prosecution witness in the manslaughter trial of two Tazewell County Sheriff’s deputies accused of beating and torturing jail inmate Martin Virant to death.

In relating the events of how Virant was found hanging in his cell, Hufeld told much the same story as Genseal. However, Hufeld provided an important additional detail. As the Pekin Daily Times reported on Feb. 22, 1933, Hufeld testified, “When Skinner came into the jail I could hear him when he called up to Martin. He said ‘Martin’ a couple of times. Q. Was he outside the cell then? A. Well, before he went clear up he said, ‘That damn monkey must have hung himself.’”

If Hufeld was remembering truthfully and accurately, this comment would suggest that even before he had ascended the stairs to the upper tier of cells, Skinner already knew he would find Virant dead and hanging.

On the third day of the trial, Feb. 23, the state called H. A. McCance, jury foreman at the Nelan inquest, and asked him to describe Virant’s appearance and demeanor during the inquest. Though Virant’s testimony at the inquest was inadmissible, McCane still was able to tell the jury that Virant appeared to be in pain or distress, and that his face appeared to be in misery.

Also called to describe Virant during the Nelan inquest was Janese Shipley, stenographer at the Nelan inquest. She testified that Virant had two black eyes, a swollen ear and blood on his shirt shoulder, and that Virant spoke in a voice that was “louder than an ordinary person.”

As the trial continued, the state made its way down its lengthy list of witnesses, methodically and painstakingly – and at times tediously – laying out its case for the deputies’ guilt.

But thanks to defense attorney Jesse Black Jr. of Pekin, the trial proceedings never stayed boring for very long.

Next week: The courtroom theatrics of Attorney Black.

#charles-schmidt, #charles-skinner, #coroner-arthur-e-allen, #edward-hufeld, #edward-tucker, #elizabeth-spearman, #ernest-fleming, #frank-franko, #frank-virant, #george-genseal, #george-reichelderfer, #h-a-mccance, #j-p-st-cerny, #janese-shipley, #jesse-black, #judge-guy-williams, #lew-nelan, #martin-virant, #sheriff-james-j-crosby, #the-third-degree, #victor-michael